Chapter XXXIV: Interoceanic Communication (13)

[XVI-2] The expedition was antagonized by the Transit
company, and arrested by the authorities of the U. S. as a
violation of their neutrality laws. Kinney reached San Juan
del Norte, after some mishaps, with only a few followers,
and was unable to do any serious injury to Cent. Am. _Costa
R._, _Inf. Rel._, 1858, 4-6; _Id._, _Boletin Ofic._, March
16, 1854; _Nic._, _Doc. Dipl. Hist._, 15-58. His arrival was
after the destruction of the town by the U. S. sloop of war
_Cyane_, and infused new energy into the inhabitants. At a
public meeting held on the 6th of Sept., 1855, the necessity
of establishing a provisional government for the maintenance
of peace and order was recognized, and Kinney was chosen
civil and military governor to rule by and with the advice
of a council composed of five persons. Among the resolutions
was one adopting as a basis to regulate the action of the
govt, the former constitution of San Juan del Norte, or
Greytown, which was modelled after that of the U. S. with a
few exceptions. Kinney did not hold the position long. He was
disappointed in his expectations, and resigned; he afterward
visited Granada, and at William Walker's instance an order of
expulsion was issued against him. _Stout's Nic._, 177-82; _S.
F. Alta_, Oct. 3, 1855; _S. F. Golden Era_, March 9, 1856.

[XVI-3] Jerez had made a similar arrangement at Jalteva with
one Fisher, to bring 500 men; and Gov. Espinosa of Rivas
stipulated with Hornsby and De Brissot for the capture of
Fort San Juan from the legitimists. These parties tendered
their contracts to William Walker, the so-called ex-president
of Sonora, who would not accept them.

[XVI-4] Under the contract the so-called colonists were
to arrive at Realejo in Feb. or March 1855, and the time
having elapsed, Castellon wrote Walker Apr. 9th authorizing
him to land at that port 'la gente y municiones, ó tren de
guerra que V. traiga á disposicion del gobierno provisorio.'
_Perez_, _Mem. Hist. Rev. Nic._, 136-7; _Sac. Union_, Feb.
15, 1855.

[XVI-5] _El Nicaragüense_, Aug. 3, 1856; _S. F. Alta_, May 5,
1855.

[XVI-6] William Walker was born in Nashville, Tenn., in
1824, being of Scotch descent. After receiving a classical
education, he studied law, and later followed the medical
profession for a time in Philadelphia. He then travelled
in Europe one year, and on his return was connected with
some of the important newspapers of the country, north,
south, and west. Tiring of that, he successfully practised
law in Marysville, Cal. In 1852 he visited Guaymas, and
from the operations of Count Raousset, conceived the plan
of creating with adventurers from California independent
republics in some of the sparsely populated territories of
Mexico. Hence his expeditions to Sonora and Lower Cal., of
which I give full accounts in my vol. on the north-western
states of Mex. Few persons, unacquainted with Walker, would
suspect the presence of so much ability and energy beneath
his plain exterior. He was but little more than 5 ft. 4 in.
in height, with a rather dull and slow appearance; a man
of few words, though an attentive listener, his aspect was
that of a serious, thoughtful person. A remarkable feature
of his face was a deep, intensely brilliant blue-gray eye,
large and intelligent. Sincere and devoted to his friends,
says a devoted adherent, his enmity, though not violent,
was not easily appeased. He was indifferent to personal
ease and comfort, and to the acquisition of wealth. _Wells'
Walker's Exped._, 21-3, 199-201. He was not incapable of
lofty conceptions, and possessed courage and abnegation;
but there was little of what might be called genius about
him, though his mind was sufficiently unbalanced in certain
directions to give him a title to that distinction. He wished
to be a great man like Cæsar or Napoleon, but the elements of
that quality of greatness were absent. He might have carved
for himself a career of honor and usefulness, but for the
restless ambition that possessed him to attain a place among
the notabilities of the world, even by a disregard of law
and justice. The idea of manifest destiny, so prevalent among
his countrymen, which implied the conquest of the Latin race
in America by the Anglo-Saxon, afforded him, as he imagined,
the opportunity for attaining the coveted renown, and at the
same time securing, through his instrumentality, the future
happiness of Spanish America. But unfortunately for him,
he committed, at the inception of his career in Nic., acts
which alienated him the men who had invited him to coöperate
in the consolidation of democratic principles; and some of
his later measures, whatever may be thought of his earlier
ones, savored of recklessness, and of disregard for the good
opinion of mankind.

[XVI-7] Muñoz had openly opposed all interference of
foreigners in the affairs of Nic.

[XVI-8] They afterward returned to Leon, via Realejo, to
continue serving. The legitimists had many killed and
wounded, among the first being Col E. Argüello and F.
Elizondo. Of Walker's foreign force, Col Achilles Kewen,
Maj. Crockett, and eight others were killed, and 12
wounded. _Wells' Walker's Exped._, 52; _Perez_, _Mem. Hist.
Rev. Nic._, 138; _S. F. Alta_, July 16, Aug. 14, 1855;
_Astaburuaga_, _Cent. Am._, 88; _Belly_, _Nic._, i. 271;
_Ferrer de Conto_, _Cuest. de Méj._, 155.

[XVI-9] In his official report of the affair Walker laid
the blame for his ill success on Muñoz, who had apprised
Corral of the intended operations, and had induced Ramirez to
forsake him during the action. He demanded an investigation
into Muñoz' conduct, and if it were not granted he would
quit the service. Castellon informed him in reply that in
the present critical condition of the democratic cause it was
unadvisable to displease Muñoz. After much correspondence and
negotiation, Walker agreed to continue his services.

[XVI-10] Cholera spread rapidly throughout the country,
causing great havoc everywhere.

[XVI-11] Muñoz' death never was attributed to the enemy's
bullets. It was a regular case of assassination resulting
from intrigues in his own party to rid themselves of him.
The assassin was a young Honduran named José María Herrera,
who later deserted from Walker's ranks, and being arrested
and sentenced to death, confessed that he had killed Muñoz.
A Nicaraguan named Santa María, who was shot at San Jorge in
1857, seems to have been an accomplice. _Perez_, _Mem. Hist.
Rev. Nic._, 141-3.

[XVI-12] He was suspected of treachery. He had displeased the
officers by his coarseness, and had spread terror among the
troops with his exaggerated reports of Yankee valor and skill
with fire-arms. _Id._, 145; _Wells' Walker's Exped._, 55-8;
_S. F. Herald_, Oct. 10, 1855; _Id._, _Alta_, Oct. 10, 1855;
_Sac. Union_, Oct. 19, 1855.

[XVI-13] He was joined by such men as T., C., and Daniel
Canton, Máx. Espinosa, and Ramon Umaña. The last named
brought troops and supplies from Leon.

[XVI-14] In the early part of Sept., Gen. José M. Ballestero,
Muñoz' successor, had sent two companies in the direction of
Managua, who were undone by Col Tomás Martinez with 200 men;
on the 12th Gen. Pineda marched afterward with a double force
against the legitimists, but failed to meet them.

[XVI-15] Corral was in Rivas with his numerous army.
Fulgencio Vega, the comandante of Granada, who was hated by
the democrats as the author of persecutions, hid himself and
was not discovered.

[XVI-16] The legitimists who were pent up in the city
tendered their allegiance, among them the minister Mayorga.
There were others who volunteered their coöperation; among
them the naturalized citizens Charles and Emile Thomas,
Fermin Ferrer, a wealthy citizen, and the beloved and
respected clergyman, Agustin Vigil, noted for his virtues,
learning, and eloquence, who from the pulpit called Walker
the 'angel tutelar de Nicaragua,' or the north star that was
to guide Nic. to her advancement. _Wells' Walker's Exped._,
61-5; _Perez_, _Mem. Hist. Rev. Nic._, 150-1; _Belly_,
_Nic._, i. 271-2; _Astaburuaga_, _Cent. Am._, 89.

[XVI-17] The commissioners were Sebastian Escobar, José
Argüello Arce, Hilario Salva, and R. Vives. _Perez_, _Mem.
Hist. Rev. Nic._, 152.

[XVI-18] The commissioners, Rosalío Cortés and Ramon Marenco,
were imprisoned in irons at Leon.

[XVI-19] This person took asylum in the house of U. S.
Minister Wheeler, who assured him that he was under the
protection of the U. S. flag. But as Wheeler was mixed up in
filibustering schemes, he broke his pledge and surrendered
Mayorga. _Perez_, _Mem. Hist. Rev. Nic._, 157.

[XVI-20] An American, who had been the recipient in Granada
of many marks of consideration.

[XVI-21] Walker's organ gave a list of killed and wounded.
_El Nicaragüense_, Nov. 17, 1855; _S. F. Herald_, Nov. 4,
1855; _S. F. Bulletin_, Nov. 5, 1855.

[XVI-22] It is claimed that he had been tried for treason by
a court-martial of native officers. _Wells' Walker's Exped._,
77.

[XVI-23] They reported, as coming from Walker, that he was
resolved to shoot all the prisoners if he did not receive
at 9 P. M. a satisfactory answer respecting arrangements.
_Perez_, _Mem. Hist. Rev. Nic._, 159; _Belly_, _Le
Nicaragua_, 273.

[XVI-24] Walker claimed to have powers, and Corral was
'facultado omnímodamente.' The following is a synopsis
of the convention: 1st. Peace and friendship between the
contending parties; 2d. Patricio Rivas to be president for
14 months, unless he should resolve, with the advice of his
ministers, to order elections before the expiration of that
term; 3d. The president is to have four ministers, namely,
for war, relations, treasury, and pub. credit; 4th. Govt
to respect and cause to be respected chapters 2d, 3d, and
4th, and clauses 2d and 3d of the general regulations of
the constitution of 1838; 5th. General forgetfulness of and
amnesty for past political offences; 6th. Debts incurred
by both belligerents to be recognized by the govt; 7th.
Military grades of both belligerents to be recognized; 8th.
All persons desirous of leaving the republic may freely
do so, with full guaranty of persons and estates; 9th. The
French legion may continue in service by becoming Nicaraguan;
10th. Walker to order the force in front of Managua to
retire at once to Leon, reducing it to 150 men; after which
Corral should reduce the force in Managua to 100, under Gen.
Martinez, and that in Masaya to 50, under Col Lino César,
or some other honorable officer; 11th. The Rivas force
will remain under Gen. Florencio Xatruch; 12th. The govts
existing in Nic. to cease acting upon being notified of this
arrangement by the respective generals; any one refusing
to comply was to be treated as a disturber of the peace.
Additional articles: 1st. Twenty-four hours after Rivas'
arrival in Granada, Corral's army from Masaya was to enter
Granada, and together with Walker's, escort the president
and the two generals to church to return thanks to God for
the restoration of peace. Walker to be the general-in-chief
of the army, appointed by a special decree. Corral should
surrender the command, arms, etc., unless otherwise ordered
by the new govt; 2d. The govt must reside in Granada; 3d.
The army was to use no other badge than a blue ribbon, with
the inscription Nicaragua Independiente. _Id._, 161-4; _El
Nicaragüense_, Oct. 27, 1855; _Nic._, _Boletin Ofic._, Apr.
9, 1856; _Guat._, _Gaceta_, Nov. 16, 1855; _Stout's Nic._,
182; _S. F. Alta_, Nov. 17, 1855; _Wells' Walker's Exped._,
77-80; _Guat._, _Gaceta_, Nov. 16, 1855.

[XVI-25] A plan had been formed to proclaim Martinez their
general, and to march against Granada, but the principal
chiefs discountenanced it. Corral assured the troops
that their former enemies were now friends and brothers,
recommending strict discipline 'so pena de ser pasado por
las armas el que de cualquiera manera violase la amistad y
alianza prometidas.' _Perez_, _Mem. Hist. Rev. Nic._, 166-7.

[XVI-26] 'Cedí únicamente al imperio de las circunstancias,
Sin tener libre voluntad para ello.' _Nic._, _Boletin Ofic._,
May 29, 1856.

[XVI-27] Sacaza, Dueñas, Pedro J. Chamorro, and two others.

[XVI-28] Norberto Ramirez, who favored its ratification as
the least of two evils, said in the council: 'I know that
we have before us two abysms; one close by, and the other
a little farther off: that the disapproval of the treaty
carries us to the nearest one, and its approval to the other
somewhat more distant.' His advice was followed. _Perez_,
_Mem. Hist. Rev. Nic._, 168.

[XVI-29] Máximo Jerez, B. Selva, A. Orozco, Rafael Jerez,
Justo Lugo, P. Fonseca, and José Salinas.

[XVI-30] Rivas was reputed an honorable, firm, and
enlightened man. He had repeatedly been a candidate of the
conservatives for the executive office.

[XVI-31] To Xatruch he said, 'Nosotros estamos muy mal, muy
mal, muy mal. Acuérdese de sus amigos. Ellos me han dejado
esta pesada carga y espero su socorro.' To Guardiola, Nov.
1st: 'It is necessary that you write our friends of the peril
we are in, and that they must go actively to work. If there
is a delay of two months, it will then be too late. Think of
us and of your offers.... Nicaragua, Honduras, San Salvador,
and Guatemala will be lost if they allow this to assume
proportions; let them come quickly if they expect to find
auxiliaries.'

[XVI-32] Benito Lagos, the man to whom they were intrusted
for delivery, took them to Granada and gave them to Valle,
who surrendered them to Walker.

[XVI-33] Walker had, after adopting precautions against
resistance, made them stack their arms in the plaza, and
disperse.

[XVI-34] It was a violation of the constitution of 1838,
and of the laws. Corral, as a minister, could not be tried
without a prior impeachment, and only by the senate; and as
a private citizen, by the common courts.

[XVI-35] Hornsby was president of the court; Fry, auditor or
judge-advocate; French, counsel for the prisoner; and Charles
Thomas, interpreter.

[XVI-36] He died bravely, Father Vigil attending him to
the scaffold. He was shot by a squad of American riflemen,
commanded by Lieut-col C. H. Gilman. _Astaburuaga_, _Cent.
Am._, 91; _Perez_, _Mem. Hist. Rev. Nic._, 171-3; _Stout's
Nic._, 197-8; _Wells' Walker's Exped._, 92-4.

[XVI-37] As opportunity occurred, they all ran away, some to
the mountains, and others to the neighboring states to work
in saving their country from the ruthless foreign sway.

[XVI-38] Yankees, so called, were all foreigners, of whatever
nationality, serving with Walker.

[XVI-39] José Hilario Herdocia, vicario capitular, having
addressed him a congratulatory letter, he answered that 'el
temor de Dios es el fundamento de toda organizacion política
y social.'

[XVI-40] His contract with Castellon authorized him only to
bring 300 immigrants; but he soon obtained leave to augment
his forces, and to enlist men as best he could. A decree
published Nov. 23, 1855, offered 250 acres of land to each
immigrant, and 100 more to each family. The title deed was to
be issued six months after arrival. Fabens was named director
of colonization.

[XVI-41] Art. 1st required the return of those sojourning
in the republic within 15 days, and of those who were abroad
within one month. Art. 2d imposed fines ranging from $50 to
$10,000 on such as failed to obey. _El Nicaragüense_, Nov.
17, 1855.

[XVI-42] Among them Pres. Estrada, Gen. Martinez, and Col
Fulgencio Vega.

[XVI-43] Hornsby went to Managua in the early part of
December, and brought him to Granada, where he was treated as
the guest of the nation.

[XVI-44] Diplomatic correspondence of the Salv. and Hond.
govts Nov. 22 and 28, 1855, in _El Nicaragüense_, Jan. 5,
1856.

[XVI-45] 'Aunque sea en un rincon de Honduras.' Estrada well
knew this was illegal; but following the advice, he applied
to Guardiola for permission, and it was refused him.

[XVI-46] Though the Costa Ricans had a cordon sanitaire to
prevent intercourse with cholera-stricken Nic., Gen. Cañas
received orders to furnish resources to Gen. Florencio
Xatruch, and other officials of the dept of Rivas, who fled
to Costa Rica on hearing of Corral's execution.

[XVI-47] Bishop Llorente also warned them that their religion
was in peril.

[XVI-48] Sec. of state Marcy wrote Dec. 21st, in answer to
his communication of the 12th, that the president saw as yet
no reason to hold diplomatic intercourse with the persons
'who now claim to exercise the political power in the state
of Nicaragua.' He said that the persons chiefly instrumental
in overthrowing the former govt were not citizens of Nic.,
'nor have those citizens, or any considerable part of them,
so far as is now known here, freely expressed their approval
of, or acquiescence in, the present condition of political
affairs in Nicaragua.'

[XVI-49] Wheeler was told, however, by the foreign minister
of Nic. that though official relations were suspended, the
utmost good feeling existed toward him. _El Nicaragüense_,
Feb. 2, 1856.

[XVI-50] The assistance would have been given him but for
Walker, 'no mandaban los democráticos, sino Walker.' It was
not for Walker's interest just then to engage in hostilities
against any neighboring power. _Perez_, _Mem. Camp. Nac._, 2d
pt, 21.

[XVI-51] He exerted himself there in promoting action for the
expulsion of Walker from Cent. Am.

[XVI-52] His most influential opponent was a small club of
conservatives, the leaders of which were Fernando Guzman,
Agustin Avilés, and Ramon Alegría. Gerónimo Perez was also a
member. _Id._, 23-6.

[XVI-53] Hermenegildo Zepeda, G. Juarez, and N. Ramirez came
from Leon to Granada to arrange it with Walker, who at once
caused the decree to be issued. This journey brought Ramirez
to his death, resulting from a fall, which broke a leg. He
was an able, enlightened man, and had been chief of Salvador,
and also of Nicaragua in 1849.

[XVI-54] The govt of Nic. was entitled to a share of the
company's receipts, which it had never succeeded in getting.
Chamorro had taken measures to force the company to pay
their indebtedness, but was precluded by the revolution of
1854. The company was accused of aiding the revolutionists,
and of having afterward encouraged the importation of the
filibusters who overthrew the legitimist govt.

[XVI-55] Randolph, W. R. Garrison, and Macdonald had arrived
at Granada from California, Dec. 17, 1855, bringing upwards
of 100 recruits for Walker, contracted for with Crittenden,
his friend and agent.

[XVI-56] This was done by Rivas, though firmly convinced that
it was tantamount to a sale of Nicaragua.

[XVI-57] The decrees, orders, and editorial comments thereon,
in the government's organ. _El Nicaragüense_, Feb. 23, 1856;
_Astaburuaga_, _Cent. Am._, 97-8; _Belly_, _Le Nicaragua_,
279-80; _Wells' Walker's Exped._, 208-15; _S. F. Bulletin_,
March 22, April 10, 1856; _S. F. Alta_, March 23, 1856; _Sac.
Union_, March 24, April 25, 1856.

[XVI-58] 'Para que recabe de aquel gabinete una franca
explicacion sobre la política que ha estado observando con
respecto al actual Gobierno de Nicaragua.' _El Nicaragüense_,
Feb. 16, 1856.

[XVI-59] Joaquin B. Calvo, min. of relations of Costa R.,
in his report to congress, Aug. 11, 1856, speaks of that
mission with contempt, 'porque desconocida aquí la mision del
filibustero, se le hizo regresar de la frontera.' _Costa R._,
_Mem. Rel._, 1856, 4.

[XVI-60] Laws of Feb. 27 and 28, 1856; _Costa R._, _Col.
Ley._, xiv. 7-14, 16; _U. S. Govt Doc._, Cong. 34, Sess. 1,
Sen. Doc., 68, 121, 133-49, vol. xiii.

[XVI-61] Nominally; the real commander was a German officer
named Baron Bulow. _Perez_, _Mem. Camp. Nac._, 2d pt, 34;
_Costa R._, _Pap. Sueltos_, no. 8; _Wells' Walker's Exped._,
169.

[XVI-62] Perez, quoted above, 42, gives the 21st.

[XVI-63] According to Costa Rican reports, only 480 of their
men took part in the action, the enemy's defeat being the
effect of a surprise and a bayonet charge. Their casualties
were set down at 4 officers and 15 soldiers killed. The
filibusters had upwards of 20 slain. Id., 42-5; _Salv._,
_Gaceta_, Apr. 3-24, 1856; _Nic._, _Boletin Ofic._, Apr.
9, 16, 1856. In California the report received was of 90
killed in the fight and 19 executed. _S. F. Alta_, May 2,
1856; _Belly_, _Le Nicaragua_, 283; _Wells' Walker's Exped._,
153-68.

[XVI-64] As armed invaders not serving under the flag of
any recognized nation. _Costa R._, _Mem. Rel._, 1856, 4;
_Astaburuaga_, _Cent. Am._, 94. However correct the logic,
it was an imprudent act, as Walker might retaliate on Costa
Rican and other Cent. Am. prisoners. Wheeler, without
instructions from the U. S. govt, took upon himself to
officially say to Mora that the execution of these men was
a cold-blooded murder, assuming at the same time that the
men serving under Walker were citizens of his own country.
_Wells' Walker's Exped._, 170-5. The fact is that only two or
three were natives of the U. S.

[XVI-65] He was accused of cowardice and even of treachery,
and arrested for trial, but escaping afterward from prison,
was sentenced to death as a deserter. He turned up in
Teustepe, where he was allowed to serve in the legitimist
force. _Wells' Walker's Exped._, 257-8.

[XVI-66] Commanded respectively by majors Alfaro Ruiz and
Escalante, and Col Salvador Mora.

[XVI-67] 'Triunfó completamente sobre ellos,
escarmentándolos, y poniéndolos de nuevo en vergonzosa
fuga.' _Costa R._, _Mem. Rel._, 1856, 5. According to
Astaburuaga, _Cent. Am._, 96, the Costa Ricans had 120
killed, and Walker upwards of 200. Perez, _Mem. Camp. Nac._,
2d pt, 48, gives the Costa Rican casualties to have been
150 killed and 300 wounded; and Walker's 60 killed and 70
wounded. Wells, claiming a glorious victory for his hero
Walker, says that the Costa Rican loss could not have been
less than 600 killed; and that of the wounded and deserters
no precise estimate could be formed. Walker's loss he sets
down at 30 killed and as many wounded. There is no honor or
profit in such mendacity. _Walker's Exped._, 175-88, 245-7;
_S. F. Bulletin_, June 2, 3, 1856; _S. F. Alta_, June 2,
1856; _Sac. Union_, June 4, 1856. Belly, _Le Nicaragua_,
283-4, states that though the battle cost the Costa
Ricans 700 men, 'mais qui fit éprouver de telles pertes à
l'envahisseur, qu'à dater de ce moment, il perdit confiance
dans sa destinée.' His letter of April 15th to Senator Weller
of Cal. proved this.

[XVI-68] Minister Salinas' circular Apr. 15, 1856. _Nic._,
_Boletin Ofic._, Apr. 16, 1856.

[XVI-69] Perez says: 'Trató con humanidad á los soldados
que le fueron encomendados.' _Mem. Camp. Nac._, 2d pt,
49-52. _Jerónimo Perez_, _Memorias para la Historia de la
Revolucion de Nicaragua, y de la guerra nacional contra
los filibusteros, 1854-1857._ Managua, 1865, 8vo, pp. 173,
21. This first part of this author's work is a historical
account of the civil war in Nicaragua, in the years 1854-5,
during which latter year the filibuster chief, William
Walker, appeared on the scene, taking part with one of the
two parties to the strife, and temporarily destroying the
power of the other. The political and military events of this
period are concisely though vividly depicted, so that the
reader may become fully informed on the mode of carrying on
the war, and on the miserable condition of the country, as
well as bitter animosity exhibited by the opposing parties.
_Memorias para la Historia de la Campaña Nacional contra
el filibusterismo, 1856-1857._ Masaya, 1873, 8vo, i.-iv.,
and 216 p., is a sequel or second part to the preceding by
the same author, in which he furnishes a detailed history
of Walker's filibustering schemes and career in Nicaragua
during 1856-7, till his final surrender and removal from the
country; ending with a short account of Walker's two other
attempts to invade Central America. Perez took a part in
the operations against Walker, and later has occupied high
positions in his country.

[XVII-1] Francisco Ugarte, a legitimist who came with the
Costa Ricans, and remained in concealment.

[XVII-2] Goicouría was sent to put down a rebellion in
Chontales, and had a number of men executed. _Perez_, _Mem.
Camp. Nac._, 2d pt, 55.

[XVII-3] 1st. To recognize no other govt than Estrada's,
declaring the convention of Oct. 23, 1855, void, and Rivas'
govt null; 2d. To support that govt; 3d. Vest the executive
office in Fernando Guzman till Estrada's return to Nic.; 4th.
Fernando Chamorro recognized as provisional commander of the
forces.

[XVII-4] Walker discovered in Rivas a letter from the
president to Mora treating of peace negotiations, of which
nothing had been hinted to him.

[XVII-5] He issued June 4th a proclamation full of affected
love for the Nicaraguans, and especially for the Leonese,
whom he called illustrious sons of liberty and lovers
of progress. _Nic._, _Boletin Ofic._, June 5, 1856; _El
Nicaragüense_, June 14, 1856.

[XVII-6] It was followed by a change of public opinion in the
U. S. favorable to him, and stopped the official opposition
to the rush of emigrants to Nic. The benefit was, however,
retarded by the combined efforts of the old Transit company's
agents in San Juan del Norte, and of the opposition from
various sources to Walker's plans.

[XVII-7] During Walker's stay in the city he made several
demands, to which the president refused his assent, which
greatly angered him. It was soon discovered that he had
it planned to dispossess Rivas of the executive office.
Naztmer's act was in obedience to his orders. The native
soldiers were sent away, and the capital was left with a
garrison of 200 foreigners. _Nic._, _Boletin Ofic._, Aug. 8,
Oct. 24, 1856.

[XVII-8] Had it not been for an American resident, Dawson,
they would have been brought back by Dolan, commandant
at Chinandega, who had been ordered with his men to Leon.
_Perez_, _Mem. Camp. Nac._, 2d pt, 71. Gen. Mariano Salazar
and others spread the report that the filibusters intended
to murder the authorities. Salazar fell into Walker's hands
later, taken by De Brissot in the gulf of Fonseca July 28th,
and was shot at Granada Aug. 3d. _El Nicaragüense_, Aug. 9,
1856; _Nic._, _Boletin Ofic._, Aug. 27, 1856; _Sac. Union_,
Sept. 6, 1856.

[XVII-9] Decree of June 25th. Officers and men of the
foreign phalanx were required to forsake Walker and submit
to the government, when their rank would be recognized,
their arrears of pay made good, and Nicaraguan citizenship
conferred on them. Such as should disobey, whether native
or foreign, were to be dealt with as traitors. Members of
the foreign phalanx wishing to leave the country were to
be, under another decree of the 28th, permitted to do so.
Those who presented themselves with arms and ammunition,
and prevailed on others to do the same, would be rewarded.
Previously, on the 20th, the colonization decree of Nov. 23,
1855, was suspended. _Nic._, _Boletin Ofic._, Aug. 8, 16,
1856.

[XVII-10] Walker assumed to act under the clauses of the
convention of Oct. 23, 1855. His decree bears date of June
20th, and further declares Rivas' acts from the 12th null.
_El Nicaragüense_, June 21, 1856; _Nic._, _Boletin Ofic._,
Aug. 8, 1856.

[XVII-11] The official organ published the returns showing
this result. _El Nicaragüense_, July 12, 1856. Rivas'
minister in a circular exposed the whole as a 'tejido de
imposturas y supercherías.' _Nic._, _Boletin Ofic._, Aug. 27,
1856.

[XVII-12] _S. F. Herald_, Aug. 15, 1856; _S. F. Alta_, Aug.
15, 1856.

[XVII-13] Minister Salinas' note of Aug. 12th to the
secretary of state at Washington. _Nic._, _Boletin Ofic._,
Sept. 4, 1856.

[XVII-14] The other ministers were generals Mateo Pineda and
Manuel Carrascosa. _El Nicaragüense_, July 19, 1856.

[XVII-15] This action was said to have been suggested to win
the sympathies of the slave-owners in the southern states of
the U. S. _Perez_, _Mem. Camp. Nac._, 2d pt, 79.

[XVII-16] The convention was signed at Guat. July 18,
1856. The following is a synopsis of the chief clauses:
1st. Previous treaties of alliance for defence of their
independence and sovereignty were confirmed; 2d. Stipulated
the union of their forces to expel the adventurers; 3d.
Recognized P. Rivas as the head of a de facto govt in Nic.,
promising aid and coöperation; 7th. Invited Costa R. to join
the others in the enterprise. _Nic._, _Boletin Ofic._, Aug.
21, Sept. 10, 1856; _Guat._, _Recop. Ley._, i. 436-9.

[XVII-17] Shortly afterward they were joined by Gen. Fernando
Chamorro, some barefooted officers and soldiers, and 12 or
14 Frenchmen. A little later came the Hungarian, Gros, with
300 Indians. The only arms on hand were 300 muskets with 10
mule-loads of ammunition.

[XVII-18] Such was the end of this honorable, enlightened,
and patriotic citizen, who had risen by his virtues, talents,
and learning, from a lowly position to the chief magistracy
of his country. _Perez_, _Mem. Camp. Nac._, 2d pt., 98-100.

[XVII-19] The convention was signed Sept. 12, 1856. It
contained among its clauses that the first legislature
installed should convoke the constituent assembly of 1854, or
issue the bases for the election of another; a gen. amnesty
for past political offences; debts contracted or damages
caused by both parties to be held as indebtedness of the
republic. _Id._, 114-17; _Nic._, _Boletin Ofic._, Sept. 20,
1856.

[XVII-20] Pedro Cardenal, Sebastian Salinas, Nicasio del
Castillo, and Francisco Baca were made ministers of foreign
relations, government, war, and treasury respectively. Jerez
left the cabinet, preferring to serve in the field.

[XVII-21] His troops retreated after setting fire to the
casa de alto, former residence of the chief magistrates
of Nic. The allied army celebrated in Managua the victory
of San Jacinto, a hacienda, north of the plain of Oscotal,
distant one day's march from Granada. It was only a small
affair in reality—120 riflemen under Byron Cole on one side,
and 160 natives under Col D. Estrada on the other—but it
was important in its effects. Cole was captured and killed,
this being the end of the founder of filibusterism in Nic.
Twenty-seven riflemen were slaughtered; and the Nicaraguans
had 55 killed and wounded. _Nic._, _Boletin Ofic._, Sept. 26,
1856.

[XVII-22] Troubles between Salvadorans and Nicaraguans were
common. The former fraternized with the democratic Leonese.
The legitimists did the same with the Guatemalans, whose
2d chief, Zavala, by his language and actions, kept up a
bad feeling, not only with the Salvadorans, but with the
Nicaraguans. _Perez_, _Mem. Camp. Nac._, 2d pt, pref. ii. and
108.

[XVII-23] Meantime several fights had taken place between the
allied forces and Walker's.

[XVII-24] He had also a small and inefficient Cuban company,
and very few, if any, Cent. Americans, aside from his
ministers Pineda and Carrascosa.

[XVII-25] It has been calculated that from first to last he
lost from 5,000 to 6,000 men by sickness. Several of his
chief officers having died at about the same time, it was
imputed to the natives selling poisoned edibles. A letter
of Feb. 16, 1857, has it that Walker received 4,600 recruits
since June 1855. The author sets down his deserters at 500,
and his dead at no less than 3,600, there being from 1,500
to 2,000 buried in Granada. _Pan. Star and Herald_, Feb.
17, 1857; _Hayes' Scraps_, _Angeles_, ii. 255. However, an
official report of P. R. Thompson, Walker's adj.-gen., dated
Feb. 24, 1857, has the following figures, which do not seem
to express the whole truth, as it might have been injudicious
to have the real facts made known. Original number of men
enlisted 2,288, of whom 61 were officers. Totals of death,
685, of whom 109 were officers; 37 resigned; 206 discharged;
9 dropped; 293 deserted, including 9 officers; leaving a
total of 733 officers and men, with 141 unaccounted for.
_Stout's Nic._, 209.

[XVII-26] Four young Nicaraguans, accused in Masaya of
enticing men to desert, were arrested July 30th, and shot in
a few hours as traitors to the republic! _El Nicaragüense_,
Aug. 3, 1856. Turley and 25 others escaped from Granada, and
attempted to reach Blewfields by way of Chontales, where the
natives, not believing them deserters from Walker, killed all
but one or two who escaped. _Perez_, _Mem. Camp. Nac._, 2d
pt, 129; _S. F. Alta_, Oct. 20, 1856.

[XVII-27] Jerez distinguished himself in the defence, and the
gen.-in-chief of the allies, Ramon Belloso, claimed a victory
in his official report of Oct. 13th, adding that Walker 'huyó
despavoridamente á la oscuridad de la noche,' leaving about
50 killed, and carrying off 200 wounded. _Nic._, _Boletin
Ofic._, Oct. 17, Nov. 7, 1856. On the other side, the victory
was claimed for Walker. _S. F. Alta_, Oct. 31, 1856; _S. F.
Herald_, Oct. 31. 1856.

[XVII-28] To look after the arms which had become wet. So
says Perez, adding that Zavala, 'á mas de carecer de juicio,
no conocia el terreno,' and Estrada went entirely by his
directions. _Mem. Camp. Nac._, 2d pt, 131.

[XVII-29] They became intoxicated, and scattered in the
streets after plunder. They discovered an American merchant,
friendly to the filibusters, and killed him forthwith.

[XVII-30] On Zavala and Estrada arriving at Diriomo, a young
Cuban named F. A. Lainé, who had been sent by Goicouría to
complete with Walker an arrangement to liberate Cuba, was
brought to them as a prisoner. He was ordered shot.

[XVII-31] _S. F. Alta_, Nov. 21, 1856; _Hayes' Scraps_,
_Angeles_, ii. 206-7, 222, 232.

[XVII-32] Salvadorans, 1,300; Guatemalans, 1,500 or more;
Nicaraguans under Martinez, no less than 800. _Perez_, _Mem.
Camp. Nac._, 2d pt, 134.

[XVII-33] The allies discovered his flight early on the
19th. Several of his men were found asleep, and butchered.
The allied commanders showed lack of generalship. _Perez_,
_Mem. Camp. Nac._, 2d pt, 135-9. About this time the Cent.
Americans experienced a serious blow in the loss of the Costa
Rican schooner _Once de Abril_., which had on board 110 men,
money, and a large supply of arms, ammunition, etc. After a
heavy gale, she encountered the _San José_, alias _Granada_,
and after two hours' fighting, caught fire and was destroyed.
Most of the wrecked men were picked up by the _San José_. _S.
F. Alta_, Dec. 20, 1856; _S. F. Herald_, Dec. 20, 1856; _Sac.
Union_, Dec. 23, 1856.

[XVII-34] Henningsen had been, it was said, an officer of
the Brit. army, an aide of the Carlist chief Zumalacarregui,
in Spain, and a good democratic writer. His report was as
follows: He had assumed command in the afternoon of Nov. 22,
1856, and had carried out Walker's orders to destroy Granada,
and leave the place, taking away the stores, artillery, sick,
and the American and native families. Some of the church
jewelry was saved by a priest. Gen. D. Sousa saw a filibuster
urinate into a chalice, and then throw the contents at some
women who were also witnesses of the act. _Perez_, _Mem.
Camp. Nac._, 2d pt, p. ii. 150-1, 161-3; _Nic._, _Gaceta_,
May 2, 1868; _Id._, _Telég. Seten._, March 7, 28, 1857;
_Id._, _Boletin Ofic._, Apr. 15, 22, 1857; _S. F. Alta_, Dec.
20, 1856; _Belly_, _Le Nic._, i. 285-6; _Squier's Cent. Am._,
372.

[XVII-35] At 6:30 they had upwards of 40 wounded, and no
surgeons to attend to them. During the night it rained
heavily.

[XVII-36] During the operations, the Guatemalan generals
Paredes, ex-president, and Joaquin Solares died, the latter
of fever on the 28th of November, and the former of cholera
on the 2d of December.

[XVII-37] Several deserters from his camp in the plantain
grove of Doña Sabina had made their appearance among the
allies, so completely famished that they could hardly speak.

[XVII-38] In the southern part of Lake Nicaragua, eight or
nine miles from the coast of Rivas. A large and productive
island having two towns distant 12 miles from one another.

[XVII-39] Oct. 13, 1855, Walker arrived on the coast of
Granada. Dec. 13, 1856, he left these shores never to see
them again. In the small fort, known as El Fuertecito, his
men left a pole with an inscription as a record that Granada
had existed there.

[XVII-40] Xatruch was not credited with much ability; but he
was patriotic and brave, and to his exertions was measurably
due the coöperation of Hond. for the campaign.

[XVII-41] This expedition was promoted by Cornelius
Vanderbilt, president of the Accessory Transit Co., through
his agent Webster, as appeared in a letter from the commander
of the Brit. naval force to the American consul. It was
carried out, with the assistance of Spencer, an Am. engineer,
who had been in the service of the company and was a pilot
on the San Juan. The steamers thus taken were the _Wheeler_,
_Morgan_, _Machuca_, and _Bulwer_. _Perez_, _Mem. Camp.
Nac._, 2d pt, 176-9; _Nic._, _Telég. Seten._, Feb. 28, 1857;
_Astaburuaga_, _Cent. Am._, 100-1; _S. F. Herald_, Jan.
31, 1857; _S. F. Alta_, Jan. 31, 1857. Official reports and
Mora's proclamation in _Nic._, _Boletin Ofic._, Jan. 9, 13,
1857.

[XVII-42] This is recognized with shame in the _Telég.
Seten._, June 6, 1857. Meantime Mora had, on the 10th of
Dec., tendered Walker's officers and soldiers a free passage
to San Juan del Norte and New York; and the govt at Leon had,
on the 22d, annulled the acts of the administration from Nov.
4, 1855, to June 12, 1856, with a few exceptions. A decree
to close the transit between the two oceans was also issued.
_Nic._, _Boletin Ofic._, Dec. 29, 1856; Jan. 9, 23, 1857.

[XVII-43] Two assaults in force, one by Henningsen with 600
men, and another by Walker himself with 450, failed. Another
was made on the Castillo Viejo, defended by Cauty, met with
the same result, though the assailants took the steamboat
_Scott_, and Cauty had to destroy the _Machuca_. Mora's rept,
Feb. 24, 1857, in _Perez_, _Mem. Camp. Nac._, 2d pt, 184-94.

[XVII-44] This selection was unfavorably received by the
government, and was accorded but a temporary recognition
till the allied governments should press their wishes. _Id._,
182-4; _Nic._, _Boletin Ofic._, Feb. 18, 1857.

[XVII-45] The following appointments were also made: Cañas,
2d in command; Zavala, adj.-gen.; Xatruch, inspector-gen.;
Chamorro, quartermaster-gen.

[XVII-46] The casualties were 60 killed and 100 wounded.
The survivors returned to Punta de Castilla, refusing to go
on. Lockridge accused them of cowardice, and took away their
arms. But the men claimed the protection of the British naval
commander. Cauty went down in a steamer to the bay April
12th, and after conferring with the Brit. officer, occupied
Punta de Castilla, securing the war material. He then
tendered the men a passage to the U. S. at the expense of
Costa R. This was the end of the famous Lockridge expedition.
_Perez_, _Mem. Camp. Nac._, 2d pt; _Nic._, _Telég. Seten._,
April 11, 1857; _S. F. Herald_, April 21, May 16, 1857; _S.
F. Bulletin_, April 21, 1857; _S. F. Alta_, May 16, 1857;
_Pan. El Centinela_, April 22, 1857; _Nic._, _Boletin Ofic._,
April 29, 1857.

[XVII-47] Upwards of 300 killed, wounded, and missing.

[XVII-48] He did so, even though he agreed with Xatruch,
Martinez, and Chamorro that the capitulation should not
be accepted unless Walker pledged himself not to commit
hostilities in future against any of the allied states. He
also wished to be away before the arrival, then expected, of
Gen. Barrios with large reënforcements of Guatemalans and
Salvadorans, who would doubtless claim the glory of ending
the war. _Perez_, _Mem. Camp. Nac._, 2d pt, 209.

[XVII-49] The terms agreed upon between Walker and Davis
were: 1st. Walker and the 16 officers of his staff were
to leave Rivas with side-arms, pistols, horses, and other
personal effects, under Davis' guaranty that they should not
be molested by the enemy, but allowed to embark on the _Saint
Mary's_ at San Juan del Sur, whence she should convey them to
Panamá; 2d. The other officers of Walker's army would leave
Rivas, with their arms, under the same guaranty, and be sent
by Davis to Panamá in charge of an officer of the U. S.; 3d.
The rank and file, citizens and officials, both the wounded
and well, were to surrender their arms to Davis on a vessel
apart from the deserters, so that there should be no contact
between the former and the latter; 4th. Davis pledged himself
to obtain for Central Americans then in Rivas permission to
remain in their country with protection of life, liberty, and
property; 5th. The officers should be allowed to remain at
San Juan del Sur, under the protection of the U. S. consul,
until an opportunity offered to leave for Panamá or San
Francisco. The instrument bears also the signatures of C.
F. Henningsen, P. Waters, J. W. Taylor, and P. R. Thompson.
_Id._, 210-12; _Nic._, _Boletin Ofic._, May 6, 17, 28, 1857;
_Id._, _Telég. Seten._, May 9, 16, 23, 1857; _Sac. Union_,
June 16-18, 1857; _S. F. Alta_, June 17, 18, July 1, 2, 1857;
_S. F. Herald_, June 16, 1857; _Belly_, _Le Nic._, i. 287;
_Pineda de Mont_, _Notas_, in _Guat._, _Recop. Ley._, ii.
350, 745-6; _Democ. Rev._, July 1857, 117-23; _Astaburuaga_,
_Cent. Am._, 102-3. _Francisco S. Astaburuaga_, _Repúblicas
de Centro-América, ó Idea de su Historia y de su Estado
actual._ Santiago (Chile), 1857, 8vo, map, dedic., and 116
pp. The author of this work held a diplomatic mission from
Chile to Costa Rica, and being desirous of furnishing his
countrymen some information on Central America, prepared his
material, originally for the _Revista de Ciencias y Letras_
of Santiago; succinctly giving the physical peculiarities,
agriculture, commerce, and other resources of the country,
together with a sufficiently instructive sketch of the
history of Central America in general, as well as of each
state comprised in that term, in readable form. At the
end is added his official correspondence with the several
governments of Central America on the projected union of the
Spanish American republics.

[XVII-50] The official correspondence between Mora and the
govt of Nic. shows the high appreciation given by the latter
to the service rendered by Davis. _Nic._, _Boletin Ofic._,
May 6, 1857.

[XVII-51] A full account of the affair was published in the
government's organ. _Nic._, _Boletin Ofic._, May 28, 1857.

[XVII-52] He had furnished war material to both parties,
and tendered Costa Rica's aid to Martinez. His own words at
embarking expressed the Machiavellian plot: 'Esta república
estará pronto en guerra; dejo las navajas amarradas á los
gallos.' Cañas disapproved in toto of those plans. _Perez_,
_Mem. Camp. Nac._, 2d pt, 212-13.

[XVII-53] Pres. Martinez of Nic. pronounced it a 'guerra
injusta y traidora.' _Nic._, _Discurso ... Inaug._, 1.

[XVII-54] Full particulars on this war and the terms of
peace, in _Costa R._, _Informe Rel._, 1858, 2-3; _Id._,
_Expos. Mot. del Cambio_, 36-7; _Nic._, _Dec. y Acuerdos_,
1857-8, 10-12, 30-1, 135-6; _Nic._, _Manif. Disc. Inaug._,
no. 5, 3; _Rocha_, _Cód. Nic._, i. 92; _Ayon_, _Consid.
Límites_, 30-2. Perez, while reverting to Costa Rica's
plan to rob Nic. of the River San Juan, and a portion of
the lake, mentions what Nic. had to suffer from the allied
forces during the war. 'Cuantas exigencias, cuantos insultos,
cuantas cosas teniamos que sufrir.' The allies appropriated
as booty Nicaraguan movable property that was taken from the
filibusters. _Mem. Camp. Nac._, _2d pt Carta_ (Pref.), p. ii.

[XVII-55] The official documents connected with the affair
clearly prove that the U. S. govt was desirous of maintaining
an honorable position before the world. _U. S. Govt Doc._,
Cong. 35, Sess. 1, vol. vii., H. Ex. Doc., no. 24, 1-82,
no. 26, 1; _Id._, Id., H. Jour., 165-73, 1302, 1368; _Id._,
Cong. 35, Sess. 1, vol. i., Sen. Ex. Doc., no. 13; _Id._,
Id., vol. xiii., Sen. Doc., no. 63; _Id._, Cong. 35, Sess.
2, vol. vii., no. 10; _Cong. Globe_, 1857-8, 1858-9, Index
'Cent. Am.,' 'Paulding,' 'Walker,' 'Neutrality Laws,'
'Clayton-Bulwer Treaty,' etc.; _Stout's Nic._, 211-21;
_Belly_, _Le Nic._, i. 294-7; _S. F. Bulletin_, Dec. 29,
1857; _S. F. Alta_, Jan. 14, 1858; _Sac. Union_, Feb. 3,
1858.

[XVII-56] To Paulding were voted thanks, a sword of honor,
and 20 caballerías of land. _Nic._, _Boletin Ofic._, Aug. 2,
1862; _Id._, _Leyes Emit._, 1830, 3-5; _Rocha_, _Cód. Nic._,
i. 217-20; _Costa R._, _Col. Ley._, xv. 3; _Id._, _Informe
Rel._, 1858, 1-2.

[XVII-57] His ultimate destination was Nicaragua, whose
government hastened preparations for the defence of her
territory, as well as to aid Hond. in the event of her
needing assistance. _Nic._, _Mem. Gobern._, 1861, 9; _Id._,
_Mensaje del Presid._, Jan. 16, 1861.

[XVII-58] He received the consolation of religion from a
catholic priest, having joined that faith to become president
of Nic. His remains were buried in Trujillo. Among his
effects was found the seal of Nicaragua, which with his sword
the government of Hond. transmitted to that of the former.
_La Union de Nic._, Jan. 12, Sept. 28, 1861; _Nic._, _Informe
Gobern._, no. ii. 7-9; _El Nacional_, Sept. 8-0ct. 27, 1860;
_Perez_, _Mem. Camp. Nac._, 2d pt, 215-16; _Belly_, _Le
Nic._, i. 382; _Eco_, _Hisp.-Am._, Sept. 15-Nov. 15, 1860;
_Diario de Avisos_, Oct. 4, 1860; _Pim's Gate of the Pac._,
49-50; _Harper's Mag._, xxi. 693, 836; _S. F. Bulletin_,
Sept. 3, 8, 17, 19, Oct. 3, 29, Nov. 12, 1860.

[XVII-59] The members were: Vicario capitular, J. H.
Herdocia, J. de la Rocha, H. Zepeda, Gregorio Juarez, and
G. Lacayo; substitutes, J. Baca, F. Diaz Zapata, and Joaquin
Perez. _Nic._, _Boletin Ofic._, Jan. 23, 1857.

[XVII-60] The legitimists claimed it to be for the public
weal, whereas the democrats thought it would damage them.
_Perez_, _Mem. Camp. Nac._, 2d pt, 170-6.

[XVII-61] But for arbitrary measures, on the 12th of June,
the state would have divided into two parts, each following
its own bent, even to incorporation with other states, which
would have been the death of the republic. _Nic._, _Mensaje
del Poder Ejec._, 1857, 2-3.

[XVII-62] _Nic._, _Dec. y Acuerdos_, 1857, 135-8.

[XVII-63] In the decree of convocation the members of the
executive and the ministers were made ineligible for seats in
that body.

[XVII-64] Only two electoral votes were not cast for him.
The constituent assembly, which had been installed Nov.
8th, declared him to have been the people's choice. _Nic._,
_Gaceta_, Apr. 18, 1863.

[XVII-65] _Discurso Inaug._, 3. Tomás Martinez was a native
of Leon, and had been engaged in trade and mining without
taking part in the political agitations of his native
place until the revolution of 1854, which did not meet his
approval. It is believed that his reserve had made him an
object of suspicion on the part of the democrats, which
circumstance forced him to seek a refuge in the ranks of the
conservatives, and to embrace, much against his liking, the
military profession. Martinez was a lineal descendant of an
heroic woman, Rafael Mora, who in 1780 distinguished herself
in the defence of San Juan del Norte against Nelson's attack.
He was in 1857 about 45 years old, tall of stature, and of
reserved deportment. Self-instructed, plain, and unambitious
of popularity, he cared not for honors or display, and
abhorred sycophancy. He never used more words than were
necessary to express his thoughts, and his whole aim, after
he entered public life, was to serve his country. Moreover,
he possessed a kindly disposition, and in his family
relations was affectionate.

[XVII-66] During the war with Costa Rica he commanded the
forces in the field; meantime the executive office was
in charge of Deputy Agustin Avilés. He resumed the latter
Jan. 25, 1858. In the course of his term he several times
provisionally surrendered the office into the charge of
others, on account of illness. _Nic._, _Dec. y Acuerdos_,
1858, 3-7, 32; 1859, ii. 136, 137; 1860, iii. 71, 83-4, 177.

[XVII-67] The several portfolios were also for more or less
time in charge of Pedro Zeledon, J. de la Rocha, Eduardo
Castillo, Gerónimo Perez, Miguel Cárdenas, Nicasio del
Castillo, and H. Zepeda.

[XVII-68] A number of decrees acknowledging the indebtedness
appear in _Nic._, _Dec. y Acuerdos_, 1859, ii. 132-54.

[XVII-69] The catholic religion was placed under state
protection. The government was constituted in three branches;
namely, executive, legislative, and judicial. The executive
authority was vested in a president for four years, without
reëlection for the next term. In his absence or inability,
the office was to go into the hands of the senator called by
congress to fill it. The president was to be a native and
resident of Nic., 30 years of age or upwards, not having
lost the rights of citizenship within five years of the
election, and possessing real estate valued at no less than
$4,000. The legislative power was to consist of a senate
and house of deputies. The senators' term was to be of six
years; they were to be at least 30 years old, and to possess
no less than $2,000 in real estate, one third of their
number to be renewed every two years. The deputies were to
be upwards of 25 years old, and hold for four years, one
half their number being renewed every two years. The natives
of the other Central American states were eligible to the
senate or house, after a residence in Nic. of ten or five
years respectively. No churchman could be chosen president,
senator, or deputy. The justices of the supreme court had to
be lawyers of recognized ability and integrity. They were
to hold office four years, the members being renewed every
two years. The court was divided into two sections with
at least four justices each. The constitution recognized
liberty of thought, speech, writing, and the press; also the
rights of property and emigration. Torture in any form, cruel
punishments, confiscation of property, invasion of private
domicile, and establishment of special courts were strictly
forbidden. It was promulgated Sept. 15, 1858. _Rocha_, _Cód.
Legis. Nic._, i. 25-42; _Lévy_, _Nic._, 309-27; _El Porvenir
de Nic._, Feb. 11, 1872; _Nic._, _Mem. Gobern. y Guerra_,
1859, 3. The bishop and his chapter took the oath to obey it
on the 15th of Apr., 1861. _La Union de Nic._, May 11, 1861.

[XVII-70] Because its acts tended to the organization of
the country. But on the 25th of June, 1858, the government
of José M. Estrada was also exempted from that annulment.
_Rocha_, _Cód. Legis. Nic._, i. 82, 89-90.

[XVII-71] He was appointed minister plenipotentiary, first
in Costa Rica, next in Washington, and was empowered to
negotiate a treaty with the Spanish minister at the latter
place. _Nic._, _Dec. y Acuerdos_, 1857-8, 117, 243, ii. 21.

[XVII-72] Presid. Barrios of Salv. complained of the plots
carried on against him in Nic. by refugees, and made demands,
such as their being denied the use of the press, to which
the Nic. govt could not accede. _Nic._, _Mens. del Presid._,
in _La Union de Nic._, Jan. 19, 1861; _Id._, _Mem. Rel._, in
_Id._, March 2, 1861.

[XVII-73] 'Ningun Nicaragüense preso, ni confinado,
ni expulso por causas políticas; todos son libres, sin
restriccion alguna.' _Nic._, _Gaceta_, Jan. 24, 1863.

[XVII-74] Official corresp. in _Id._, Feb. 7, 1863.

[XVII-75] Treaty of amity, defensive alliance, commerce,
etc., duly ratified. _Id._, April 18, 1863.

[XVII-76] Jerez, Fernando Chamorro, and J. D. Estrada, for
taking part against their government, were degraded to the
ranks. _Id._, May 23, 30, 1863.

[XVII-77] Congress, Feb. 14, 1863, approved all his
administrative acts to date. It had been represented to the
people that Martinez, notwithstanding the clause in the
constitution forbidding reëlection, could be reëlected,
because the powers he had exercised in the past years
had come to him, not under the constitution which was of
subsequent date, but from the convocation decree of Aug.
26, 1857, and his choice was approved by the constituent
assembly.

[XVII-78] _Nic._, _Decretos_, 1867-8, pt ii. 10-11; _Rocha_,
_Cód. Leg. Nic._, i. 220. The cong. of Salv. voted him
a sword of honor for aiding to defeat Barrios and the
federalists. _Nic._, _Gaceta_, June 17, 24, 1865.

[XVII-79] During his second term the following persons
acted as his ministers: E. Castillo, B. Selva, B. Salinas,
B. Portocarrero, R. Alegría, R. Cortés, P. Zeledon, J. F.
Aguilar, J. J. Lescano, and Antonio Silva. _Nic._, _Semanal
Nic._, April 24, 1873.

[XVII-80] 'Quedan fuera de la amnistía todos aquellos que
como autores principales.' _Nic._, _Gaceta_, April 29, May
28, 1864.

[XVII-81] Congress had not only approved his acts, but gave
him two votes of thanks, March 11, 1865, and Jan. 19, 1867.
_Nic._, _Gaceta_, March 18, 1865; _Id._, _Dec. Legisl._,
1865-6, 21-2; 1867-8, 5.

[XVII-82] By 433 electoral votes against 139 cast for Juan
B. Sacasa; necessary for a choice, 285. _Id._, Oct. 27,
1866; _Id._, _Decretos_, 1867-8, pt ii. 4-5; _Pan. Star and
Herald_, Feb. 19, 1867.

[XVII-83] Decrees of Jan. 22 and Feb. 28, 1867. _Nic._, _Dec.
Legisl._, 1867, 10-11, 25-6.

[XVII-84] 'Por estar en oposicion con las atribuciones del
Poder Ejecutivo.' Decree of Jan. 20, 1868. _Id._, 1868, 3.

[XVII-85] _Nic._, _Gaceta_, March 15, 1873; _Id._, _Semanal
Nic._, March 27, 1873.

[XVIII-1] Oct. 22d. _Album Semanal_, Sept. 26, 1856; _Costa
R._, _Col. Ley._, xiv. 41-2, 51-2.

[XVIII-2] The other ministers were Joaquin B. Calvo, of
government and eccles. affairs; and Rafael G. Escalante, of
treasury and war.

[XVIII-3] Dec. 11, 1856. _Costa R._, _Mem. Gobern._, 1857,
2-3.

[XVIII-4] In 1854 the pope bestowed on him the honor of
Knight grand cross of the order of Gregory the Great, and the
Costa Rican congress authorized him to accept it. _Costa R._,
_Col. Ley._, xiii. 28; xiv. 147-9.

[XVIII-5] Dec. 29, 1857, a medal was voted. Again, Feb.
26, 1858, a cross of honor was decreed to the generals and
field-officers. _Id._, 207; xv. 3.

[XVIII-6] Escalante had been vice-president since Oct. 1857,
and at the present time was temporarily in charge of the
executive office. _Id._, xvi. 30-1.